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Calcutta High CourtCRM (DB)/2953/2023rejected

Ansar Ali Molla @ Amdar Malla v. State Of West Bengal

2023-07-26Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

26.07.2023 Sl. No.20 akd [Rejected] C. R. M. (DB) 2953 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.07.2023 in connection with Swarupnagar Police Station Case No.1056 of 2022 dated 30.10.2022 under Section 14A(b) of the Foreigners Act and Section 12 of the Passport Act. (G.R. Case No.4748 of 2022) And In Re: Ansar Ali Molla @ Amdar Malla ... ... Petitioner Mr. Nepeshi Majhi Ms. Sahina Khatun ... ... for the petitioner Mr. Prasun Kr. Datta .. ld. Addl. Public Prosecutor Mr. Santanu Deb Roy ... ... for the State Petitioner claims to be an Indian citizen. He relies on Voter's Identity Card issued in his favour in support of his claim of citizenship. Accordingly, he prays for bail.

Learned Advocate for the State opposes the prayer for bail. We note that the FIR was registered in October, 2022. After registration of the FIR, Voter's Identity Card has been obtained. This casts serious doubt with regard to its authenticity. Hence, we are not inclined to grant bail to the petitioner.

The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)